"[O]nce you change status from asylum to PR you are not an asylee anymore." is not an accurate statement.
From the February 21 2004 Arlington Asylum Office/American Immigration Lawyers Association (AILA) Liaison Meetings:
Policy Questions:
1. Subject: Revocation of asylum:
Question: What is the procedure for revoking someone's asylum grant? What is the time period between the re-interview and the decision? Is the person called in to receive the decision or is it mailed to them? If a decision to withdraw asylum is made, how does the immigrant contest this decision? Is there a notice of intent to revoke? Is there a motion to reconsider? Is the case referred to the immigration court? In how many such cases did ZAR revoke in 2003?
Debi Sanders
RESPONSE:
Please see the attached for Section X of the Affirmative Asylum Procedures Manual which describes in detail the procedures for Termination of an Asylum Approval.
Termination proceedings can only be initiated after an Asylum Approval has been issued, and may be initiated
even if the individual has adjusted his/her status to that of a lawful permanent resident (LPR). The asylum office does not have jurisdiction to terminate asylum granted by EOIR. Grounds for termination of an asylum grant are listed in 8 CFR 208.24.
The asylee is issued a Notice of Intent to Terminate (NOIT) listing the ground(s) for the intended termination and containing a summary of the evidence supporting the ground(s). To begin termination proceedings through the issuance of a Notice of Intent to Terminate (NOIT), the asylum office must have information that, on its face, indicates that asylum termination may be appropriate, but need not have the higher level of evidence required to terminate asylee status.
For termination proceedings which are conducted by the asylum office, the termination interview is set for at least 30 days after the date of mailing of the NOIT. The applicant may waive this 30-day period and request an earlier interview, or may waive the interview entirely and admit the allegations in the NOIT, in writing. A written waiver form is included as an attachment to the NOIT for this purpose.
The Service has the burden of establishing that a preponderance of the evidence supports termination. The nature of the termination interview is nonadversarial and need only explore issues relevant to termination of asylum. Following the termination interview, for those cases in which the AO makes a recommendation to terminate the individual's asylum status based upon evidence presented, the applicant receives a "Notice of Termination of Asylum Status".
Regardless of whether the applicant is a Lawful Permanent Resident (LPR) or an asylee, after asylum status is terminated, the asylum office must place the individual before the Immigration Court [for permanent deportation from the United States].
The way in which the decision is served (Mail or Personal) is at the discretion of the Asylum Office Director.
An asylum office Director need only consider a motion to reopen or reconsider for a case that has received a Final Denial from an asylum office. Because referred cases have not received a final denial, they are not entitled to reconsideration.
NOTE: Termination of asylum status applies to the principal as well as all individuals who obtained derivative asylum status from the principal, whether granted as dependents on the I-589 or through an I-730 Refugee/Asylee Relative Petition.
Notes from meeting: If the Asylum Office terminates asylum for the principal, regardless of the grounds for termination, asylum for all the derivatives is terminated as well. However, It is possible that the Asylum Office might terminate one or more derivatives based on their own firm resettlement and the principal would not be affected because the principal established he/she was not firmly resettled.
Sessanga Charlesa said:
Some immigrants are getting so hypersensitive about immigration,I personally do not see any broken law If a GC holder based on asylum visits his home country.I have searched and searched,talked to immgration lawyers and bcis liason officers pertaining the same issue the only answer I get is once you change status from asylum to PR you are not an asylee anymore,therefore the laws that are used for asylees like returning to home country are not applicable.However the only concern Is all about whether it`s safe for a GC based on asylum to go to home country.
The gentle man from the Former Yugoslavian republic Is very correct because the political situation in his country has change.Now that I`m a GC holder I would not hesitate for one second to go to my HM country if the situation deems to be condusive.